PIL on UP’s order to recover damages

The SC on Friday sought response from UP government on a PIL seeking the quashing of the notices issued to alleged protesters for the recovery of damages caused to public property during anti-CAA-NRC protests in the State.

Issuing notice on a PIL by one Parwaiz Arif Khan, a bench of Justice D.Y. Chandrachud and Justice K.M. Joseph gave UP government four weeks time to respond to the PIL which has contended that notices were being issued in an arbitrary manner and contrary to the guidelines issues by the top court. The court also permitted the PIL petitioner Parwaiz Arif Khan move an application for making the Centre a party in the matter. As the lawyer Nilofar Khan appearing for the PIL petitioner sought liberty of the court to make the Centre a party in the case, the bench asked him to move an application.

He cited instances where the notices have been issued for recovery of damage caused to public property in the course of the anti-CAA agitation to the people long dead or to those who are nonagenarian. The PIL petitioner has also sought an independent judicial probe, on the lines ordered by the Karnataka high court, into the incidents of alleged violence during protests against CAA and NRC.

Lawyer Nilofar Khan said that the course that has been adopted by the UP government was in breach of the guidelines issued by the top court in 2009 and reiterated in 2018, the Parwaiz Arif Khan that the issuance of notices for the recovery of damage to public property are being dealt with by the additional district magistrate, especially appointed for the purpose, where as the top court by its guidelines had said that retired judges should deal with it.